HB 163 Virginia House of Delegates · 2026 Regular Session

Notarization, filing, & recordation of certain land records; duties of notary or settlement agent.

Summary
Notarization, filing, and recordation of certain land records; duties of notary or settlement agent; acknowledgement and satisfactory evidence of identity; requirements for commission or recommission of notary; clerk of circuit court to establish property alert notification system. Removes personal knowledge of identity from the methods by which a notary public, electronic notary public, or other person authorized by law to perform a notarial act may identify an individual for purposes of performing a notarial act such as acknowledgement or affirmation. Under current law, the identity of an individual for such purpose may be established if such individual is personally known to the person performing the notarial act or by a presentation of satisfactory evidence of identity, as defined by law. The bill also adds a requirement that, within the six months immediately preceding the submission of his application, a person applying for commission to be a notary public or electronic notary public, or an existing notary public or electronic notary public applying for recommission, complete a course of instruction developed and approved by the Secretary of the Commonwealth. The bill specifies that one hour of such course of instruction shall be on the topic of real estate fraud and financial exploitation of elderly persons and shall include training on current trends on such topics and on recognizing instances of such fraud or financial exploitation. The bill directs the Secretary of the Commonwealth to develop the curricula for such courses of instruction by January 1, 2027, and has a delayed effective date of July 1, 2027, for those provisions related to the requirement that applicants for commission and recommission complete and present proof of completion of such courses of instruction. The bill also requires any clerk of a circuit court that has established a network or system of electronic filing of land records to also establish a property alert notification system for owners of real property within the circuit court's jurisdiction. The bill provides that an owner who enrolls his real property into such property alert notification system may do so at no cost and that such system shall send notifications to such owner when documents affecting or purporting to affect the enrolled property are filed with the clerk's office. The provisions related to the establishment of the property alert notification system have a delayed effective date of July 1, 2027. Finally, the bill requires notaries public to keep a record of all notarial acts occurring on or after July 1, 2026, and to include in such record the form of satisfactory evidence of identification used to verify the identity of the principal and credible witnesses. Similarly, the bill requires settlement agents responsible for recording deeds, deeds of trust, or other documents relating to land records to obtain satisfactory evidence of identity of a seller of real property prior to settlement. This bill is identical to SB 316.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Jan 6, 2026 Signed Apr 8, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

Civil Subcommittee Substitute Chaptered · 5 edits
MODERATE
This bill updates Virginia's notary laws to strengthen fraud prevention by requiring notaries to complete specific training on real estate fraud and financial exploitation of the elderly. It also expands the requirements for verifying identity during electronic notarizations and mandates that notaries keep their records for five years instead of four. Additionally, it requires clerks of circuit courts to establish a free property alert notification system to warn owners of potential fraud.
Scope change
The bill applies to all notaries public and electronic notaries in Virginia, as well as clerks of circuit courts and settlement agents involved in real estate transactions.
REQUIREMENT

Notaries must now complete a mandatory four-hour course including one hour specifically on recognizing real estate fraud and financial exploitation of elderly persons before being commissioned.

The retention period for notary records was increased from four years to five years to ensure better long-term tracking of notarizations.

Clerks of circuit courts must establish a free property alert notification system that warns property owners when documents affecting their real estate are filed.

Settlement agents handling residential real estate transactions are now required to notify purchasers about the availability of owner's title insurance.

DEFINITION

The definition of 'satisfactory evidence of identity' for electronic notarizations was expanded to include advanced methods like credential analysis, biometric data, and knowledge-based authentication assessments.

Floor votes · Senate Feb 26, 2026 · House of Delegates Feb 3, 2026

How they voted

390
Passed
Total votes 39
Feb 26, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
32
Key actions
11
Committee
7
Apr 8, 2026
Signed into law
Approved by Governor-Chapter364 (Effective - see bill)
executive
Mar 4, 2026
Upper · Passed
Signed by President
upper
Mar 4, 2026
Lower · Passed
Signed by Speaker
lower
Mar 4, 2026
Lower · Passed
Bill text as passed House and Senate (HB163ER)
lower
Feb 27, 2026
Upper · Passed
Passed Senate (37-Y 0-N 0-A)
upper
Feb 26, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Feb 25, 2026
Upper · Passed
Reported from Finance and Appropriations (15-Y 0-N)
upper
Feb 18, 2026
Upper · Passed
Reported from Courts of Justice and rereferred to Finance and Appropriations (14-Y 0-N)
upper
Feb 4, 2026
Committee
Referred to Committee for Courts of Justice
upper
Feb 3, 2026
Lower · Passed
Read third time and passed House (98-Y 0-N 0-A)
lower
Jan 28, 2026
Lower · Passed
Reported from Courts of Justice with substitute (19-Y 0-N)
lower
Jan 21, 2026
Lower · Passed
House subcommittee offered
lower
Jan 19, 2026
Committee
Assigned HCJ sub: Civil
lower
Jan 6, 2026
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Marcus Simon
Marcus Simon
DDemocratic
VA
13